Legal developments and industry issues relevant to IT,media and telecommunications law in key jurisdictions across the Asia Pacific

This column provides a country by country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or legal developments.     

Resilient Peace: Exploring the Theory and Practice of Resilience in Peacebuilding Interventions

ABSTRACT

This introduction provides a conceptual and theoretical background to the more detailed analyses contained in the articles of the Special Section. The introduction firstly presents a critical overview of the rise of resilience and its increasing role in shaping the terms of international interventions. It identifies a set of interrelated conceptual themes relevant to theorising the relationship between resilience and peacebuilding and evaluates how appropriate a resilience approach might be in promoting sustainable peace and what might be its main dangers and pitfalls.     

Prison sentences: last resort or the default sanction?

ABSTRACT

This paper discusses the sentencing purposes for penal penalties, judges’ perceptions of sentencing purposes and prison sentences, and the effects of penal sanctions. We examine judges’ positions towards different penalties, with a focus on imprisonment, since their views on the different penalties are related to their sentencing decision-making. Understanding these views is then critical for several practical and political purposes, including bridging the gap between academic discourse and legal practice. We accessed judges’ views on penal sanctions through a questionnaire and an interview. Our sample is compounded by the judges of the criminal courts from the three major cities in Portugal. Despite the most recent criminological empirical knowledge, judges valued imprisonment as the most adequate sentence, both for different crimes and for different judicial purposes. This result is not consistent with viewing imprisonment as a ‘last resort’ solution. Indeed, we did not find this ‘last resort’ position in our data, and it is not apparent in the judicial statistics on imprisonment rates. Our data highlight the importance of increasing judges’ training on criminological and sociological issues as well as the importance of changing the influence of their personal beliefs regarding penal sanctions into research-based positions.     

Do Changes in the Labour Market Take Families Out of Poverty? Determinants of Exiting Poverty in Brazilian Metropolitan Regions

Abstract

Using survival models, we test whether short-term changes in the labour market affect poverty duration. Data are from the Brazilian Monthly Employment Survey. Such a monthly dataset permits more accurate estimations of events than using annual data, but its panel follows households for a short period. Then methods that control for both right- and left-censoring should be used. The results are as follows: households with zero income are not those with the lowest chances of exiting; changes in aggregate unemployment do not affect poverty duration; and increasing wages in the informal sector has a negative effect on poverty duration.     

Testing for genetic structure in different urban Argentinian populations

Fifteen autosomal short tandem repeat (STR) markers (D3S1358, HUMTH01, D21S11, D18S51, PENTA E, D5S818, D13S317, D7S820, D16S539, CSF1PO, PENTA D, HUMvWA, D8S1179, HUMTPOX, FGA) were analyzed in 1734 individuals living in urban areas of cities from six different Argentinian provinces (Buenos Aires, Neuquén, Tucumán, La Pampa, San Luis, Santa Cruz) in order to determine if a common urban database could be used in Argentina for forensic purposes. Frequencies estimates, Hardy-Weinberg equilibrium (HWE), and other parameters of forensic interest were computed. Comparisons between the six populations, and with published data from one Native American population from Argentina and other urban populations from Argentina and Europe were also performed. Our results reveal evidences for population structure, both when testing for genetic differentiation and when comparing frequencies distributions between different pairs of populations. Therefore, caution should be taken when using a common pooled database with general forensic purposes in Argentina.     

The Effect of Ministerial Instability on Government's Mandate Fulfilment: Evidence from the Portuguese Case

Research on the fulfilment of electoral promises has been particularly fruitful over the past decades. Most of it focused on examining pledge fulfilment at the cabinet level, and little emphasis was placed on the reasons underlying the level of compliance. As a consequence, core factors in explaining pledge fulfilment have not yet been explored. One such factor might be instability in a government's internal functioning. We argue that ministerial instability is relevant for explaining a government's broken promises, and that its importance increases at the junior minister level and among the most salient ministries. Relying on data on the fulfilment of electoral promises and ministerial instability in Portugal between 1995 and 2019, backed by interviews with former ministers and junior ministers, we provide evidence that the fulfilment of electoral promises is significantly influenced by portfolio volatility, particularly at the junior ministerial level and in the most important ministries.     

The Unexpected Effect of the 2001 Crisis: The Revival of Right-Wing Mobilisation in Argentina

The mass protests of December 2001 were a turning point in Argentine politics. However, their effects in the mid- to long term have been less clear. This article argues that the 2001 crisis had two distinct consequences. The first, which was expected and immediate, was the stimulus given to left-wing grassroots organisations. The other, unexpected and deferred, was the revitalisation of right-wing collectives in subsequent years. The article uses a multiple technique approach.